Andhra Pradesh High Court
Judges : J.CHELAMESWAR
DEFENCE COLONY RESIDENTS WELFARE ASSOCIATION, PRESIDENT, C.V.B.K.MURTHY - Appellant
Versus
District Collector, RANGA REDDY DISTRICT, HYDERABAD - Respondent
Decided On : 09-07-98
Andhra pradesh Municipalities Act, 1965 – Andhra Pradesh Town Planning Act 1920 – Section 4 – Hyderabad Municipal Corporations Act, 1956 – Section 184 – Layout Rules of 1920 – Rule 10 and 4 – Legislature – Seeking Allotment of Land – Affidavit – Possession – Alleged – Purpose of Alienation – Government allotted an extent of guntas in Survey erstwhile Hyderabad Taluq in Hyderabad District to the Defence Personnel Co-operative Housing Society alleged that subsequent to said grant, a layout was sanctioned affidavit is absolutely silent as to when layout was sanctioned and by which authority alleged in affidavit house sites have been alienated and nearly area has now been developed as fully constructed housing colony only information furnished by petitioner as far as the Colony and its layout – Held, Collector and what is the legal necessity for the Collector (first respondent) to issue proceedings in question any rate, no objection was raised by petitioner Association on this aspect of the matter. As seen above, if it is competent for the Municipality to permit construction of Government offices on the land set apart no reason to proceed further with this writ petition as the concerned municipality has already passed resolutions permitting the construction of the Police Station and the Mandal Revenue Office and therefore the same is liable to be dismissed at this stage – Appeal dismissed.
( 1 ) THE petitioner is defence Colony Residents Welfare Association claiming to be a registered Society and represented by its President one C V. B. K. Murthy. The affidavit is absolutely silent as to under which law the Society is registered, nor any information about the membership, the activities, the aims and objectives of the Society are given in the affidavit.
( 2 ) THE writ petition purports to have been filed in public interest.
( 3 ) IN the year 1964, the Government allotted an extent of Ac. 112. 03 guntas in Survey No. 218/1 of Malkajigiri Village, in the erstwhile Hyderabad Taluq in Hyderabad District to the Defence Personnel Co-operative Housing Society. It is alleged that subsequent to the said grant, a layout was sanctioned. The affidavit is absolutely silent as to when the layout was sanctioned and by which authority. It is further alleged in the affidavit. "most of these house sites have been alienated and nearly 70% of the area has now been developed as fully constructed housing colony". This is the only information furnished by the petitioner as far as the Colony and its layout.
( 4 ) THE petitioner then proceeds to make vague allegations that some time past, some revenue officers wanted to take possession of the vacant land which is left for the development of lawns and greenery, for the purpose of constructing Mandal Revenue Office and it is further alleged that on opposition (we do not know by whom), the said proposal was dropped. It is further alleged in the affidavit that a few days prior to the filing of the writ petition, some police personnel from the office of the Superintendent of Police, ranga Reddy District, started marking the land which is earmarked as open lawns in front of plot Nos. 580, 581 and 582. When questioned by the local people, it was informed that a police station was proposed to be constructed in the said land. The relevant allegations in this regard are as follows: "however, a few days back some police personnel from the office of superintendent of Police, Ranga Reddy District started marking the land which is earmarked as open lawns in front of Plot Nos. 580, 581 and
( 5 ) WHEN questioned by the local people, they were told that the police are going to construct a Police Station in the said land. On further enquiry they were told that the District Collector had allotted the land to them and hence they have the right to construct a Police Station. " in the background of the abovementioned facts, the present writ petition is filed with a prayer as follows: "i therefore pray that this Hon ble Court may be pleased to issue a Writ, order or direction more especially one in the nature of Writof Mandamus declaring the action of the 1st respondent in allotting the land meant for open lawns in the Defence Colony i. e. , Defence Housing Co-operative society Ltd. , layout, Malkajigiri, Ranga Reddy District, as illegal, without jurisdiction and consequently direct the respondents not to make any construction in the society land comprised in Survey No. 218/1, malkajigiri, Ranga Reddy District, and pass such other order or orders as are deemed fit and proper in the circumstances of the case. " counter-affidavits have been filed by the respondents 2, 4 and 5. From the counter-affidavit of the second respondent, it appears that the layout in question was approved by the erstwhile Gram Panchayat, Malkajigiri Village in the year 1966 and subsequently the said Gram Panchayat came to be notified as a Municipality under Andhra Pradesh Municipalities Act, 1965 in the year 1981. Further it appears that both the Revenue and Police Departments made representations to the Municipality seeking allotment of land for the construction of Mandal Revenue Office and Police Station respectively in survey No. 218/1 of the Defence Colony. Considering the representations, it appears, the Municipality passed resolutions dated 19-2-1997 and 5-7-1997 for allotting the land for the construction of Pol
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.